Johnson v. CTF Soledad State Prison et al

Filing 11

ORDER by Magistrate Judge Maria-Elena James granting 10 Motion for Reconsideration. (Attachments: # 1 Certificate/Proof of Service)(rmm2S, COURT STAFF) (Filed on 5/9/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CEDRIC CHESTER JOHNSON,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-05548-MEJ (PR)

v.
CTF SOLEDAD STATE PRISON, et al.,
Defendants.

ORDER GRANTING MOTION FOR
RECONSIDERATION AND
REOPENING ACTION
Re: Dkt. No. 10

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Plaintiff, a California prisoner proceeding pro se, filed this civil rights action under 42

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U.S.C. § 1983. Leave to proceed in forma pauperis was granted in a separate order. Following an

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initial review of the amended complaint, the case was dismissed for failure to state a cognizable

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claim for relief. Plaintiff has filed a motion for reconsideration.

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Rule 60(b) provides for reconsideration where one or more of the following is shown:

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(1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by

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due diligence could not have been discovered in time to move for a new trial; (3) fraud by the

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adverse party; (4) the judgment is void; (5) the judgment has been satisfied; or (6) any other

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reason justifying relief. Fed. R. Civ. P. 60(b).

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In its motion to dismiss, the Court found that plaintiff’s allegation that defendants’ refusal

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to give him a vision impaired test failed to state a claim for deliberate indifference to serious

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medical needs. In his motion for reconsideration, plaintiff correctly points out that the Court

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misread his allegations. Specifically, according to the amended complaint, defendants refused to

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give him a “vision impaired vest,” not a “vision impaired test.” Plaintiff has shown good cause for

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reconsideration based on mistake by the Court. Accordingly, the motion is GRANTED. The

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order of dismissal and judgment (dkt. nos. 8, 9), are VACATED.

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The Clerk is directed to reopen the action. The amended complaint will be reviewed in a
separate order.

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This Order terminates Docket No. 10.

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IT IS SO ORDERED.

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Dated: May 9, 2017

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United States District Court
Northern District of California

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MARIA-ELENA JAMES
United States Magistrate Judge